Will Disputes

The validity of a Will can be challenged for many reasons. If a Will is found to be invalid, it may be that an earlier Will can be used instead, or the estate may be dealt with under the rules of intestacy.

A Will could be invalid for several reasons, including:

• The Will was improperly executed
• The deceased did not adequately understand the Will’s contents
• The deceased was not fully aware of the Will’s contents
• The deceased did not approve the Will
• The deceased was unduly influenced in making their Will
• The Will is fraudulent or forged
• The Will was revoked, e.g., where the deceased made a new Will

Our Will disputes solicitors will advise you on whether you’re eligible to challenge the validity of the Will and, if applicable, the available route to take. To prevent the estate from being administrated, our solicitors can enter a caveat at the Probate Registry on your behalf. This will prevent Grant of Probate for six months, allowing you to deal with any questions about the Will’s validity.

Claims can be made under The Inheritance (Provision for Family and Dependants) Act 1975, where someone who was financially dependent upon the deceased person feels that they have not received a sufficient inheritance to meet their reasonable needs.

A financially dependent person could consist of a spouse/civil partner, children (including those considered as children, e.g., adopted children and step-children), a former spouse/civil partner (must be unmarried), any person who lived with the deceased for two years prior to their death, and any other person considered financially supported by the deceased.

Our solicitors can assist those financially dependent upon the deceased to file a claim. We have helped many clients with successful Inheritance Act claims and can provide the advice and guidance needed for a smooth process.

In certain situations, the drafting of a Will could have been done improperly or in a way that could be interpreted differently than was intended. There is also the possibility that a mistake was made in the Will that was not originally noticed.

If you are concerned about the interpretation of a Will, seeking legal guidance is strongly recommended. Disputes over the interpretation of a Will can cause divides between family members. Our Will disputes lawyers believe it’s paramount to keep family relationships intact and to avoid unnecessary conflict or escalation. We work proactively to achieve an outcome that satisfies all parties.

What Are the Grounds for Contesting a Will?

There are particular circumstances where a Will may not be valid, making a challenge possible. Examples include:

• Lack of mental capacity, a Will written by an individual who lacks mental capacity will be considered invalid
• Undue influence, where a person is vulnerable due to old age or ill-health and is pressurised into making a Will, it would be invalid
• Forgery, where a Will is forged, or the signature is forged, it is not valid
• Improperly executed Will, for a Will to be valid, it must be executed as set out in the Wills Act 1837, including having the Will properly witnessed
• A promise that was not carried out, if the deceased promised a bequest to someone who relied on that promise to their detriment

What’s the Time Limit for Contesting a Will?

The time limit for contesting a Will depends on the type of claim being brought forward. Most types of Will disputes, such as those involving lack of mental capacity, Will validity, undue influence, and forgery, do not have a specified time limit. However, once the estate has been distributed to the beneficiaries, it can be challenging to settle a Will dispute claim.

A notable exception is a Will contested under the Inheritance (Provision for Family and Dependants) Act 1975, which has a time limit of only six months from the date probate is granted. However, the claim can be brought forward before the grant of probate, providing a longer time limit.

Executor Disputes

Executor disputes arise when there are disagreements about how the executor is managing the estate. Concerns may include delays in administration, mishandling of assets, or failure to follow the terms of the Will. If you are a beneficiary with concerns about the executor’s actions, our solicitors can provide guidance and support to resolve the dispute, including the possibility of removing the executor if necessary.

Fraudulent Wills

If you suspect that a Will is fraudulent, it is crucial to act quickly. Signs of fraud may include forged signatures, tampered documents, or false witness statements. Our team can help investigate and take appropriate legal action to challenge the fraudulent Will and protect your rightful inheritance.

Resolving Family Disputes

Will disputes can cause significant tension and conflict within families. Our approach focuses on mediation and negotiation to resolve disputes amicably, preserving family relationships while ensuring a fair outcome. We strive to find solutions that minimise conflict and avoid the need for lengthy court battles.

Understanding Your Rights as a Beneficiary

As a beneficiary, you have certain rights regarding the administration of the estate. These include the right to be informed about the progress of the estate administration, the right to receive a copy of the Will, and the right to challenge any actions by the executor that you believe are not in line with the Will or your interests. Our solicitors can help you understand and protect your rights throughout the process.

The cost of contesting a will depends on the type of claim, its complexity, and whether it settles early or proceeds to court. Many disputes are resolved through negotiation or mediation, which keeps costs down. In some cases, funding options such as a 'no win, no fee' agreement may be available. We will always give you a clear, realistic assessment of the likely costs and the merits of your case before you commit.

Yes. In England and Wales there is 'testamentary freedom', which means a person can generally choose to leave their estate to whomever they wish and can leave out a sibling, child or other relative. However, people who fall within the categories protected by the Inheritance Act 1975 , such as a spouse, a cohabitee of two or more years, a child, or someone who was financially maintained by the deceased , may be able to bring a claim if they were not reasonably provided for. Whether a claim is possible depends on the individual circumstances.

Whether it is worth contesting a will depends on the strength of your grounds, the value of the estate, and the likely cost and time involved. A claim needs proper legal grounds , such as lack of capacity, undue influence, or a valid Inheritance Act claim , rather than simply disappointment at what was left. We give you an honest, realistic assessment of your prospects at the outset so you can make an informed decision.